Requires the department of environmental conservation to designate certain species as vulnerable species and prohibits the sale of articles made from any part of a vulnerable species; and requires the department to designate the giraffe as a vulnerable species.
STATE OF NEW YORK
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6600
2019-2020 Regular Sessions
IN ASSEMBLY
March 13, 2019
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Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, FAHY, D'URSO, ORTIZ,
SIMON, ZEBROWSKI, WEPRIN, GLICK, LIFTON -- Multi-Sponsored by -- M. of
A. LUPARDO -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to
designating certain species as vulnerable species and prohibiting the
sale of articles made from such vulnerable species; and to require the
department of environmental conservation to designate the giraffe as a
vulnerable species
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 11-0535-b to read as follows:
3 § 11-0535-b. Vulnerable species.
4 1. As used in this section, "vulnerable species" shall mean any
5 species of wildlife designated by the department, by regulation filed
6 with the secretary of state, which meet the following criteria:
7 (a) On the basis of credible scientific evidence, which may include
8 information contained on the international union for conservation of
9 nature and natural resources red list of threatened species, or other
10 similar data:
11 (i) the species has an observed, estimated, inferred, projected or
12 suspected population size reduction of thirty percent or more over the
13 last ten years or three generations, whichever is longer; or
14 (ii) the geographic range of the species is less than eight thousand
15 square miles and the area of occupancy is less than eight hundred square
16 miles, and the species' habitat is severely fragmented or the species is
17 found in fewer than ten locations; or
18 (iii) there are less than ten thousand mature individuals and the risk
19 of extinction of the species within one hundred years is more than ten
20 percent; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10508-01-9
A. 6600 2
1 (iv) other factors that may cause the species to go extinct if they
2 are not identified and reversed;
3 (b) The species is known to be in trade in this state;
4 (c) The species is not protected as an endangered or threatened
5 species by the secretary of the interior; and
6 (d) The species is not protected under the Marine Mammal Protection
7 Act.
8 2. Except as otherwise provided in subdivision three of this section,
9 no person shall sell, or possess with the intent to sell, any article
10 made in whole or in part from the skin, hide, or other parts of any
11 vulnerable species, except under license or permit from the department.
12 3. The commissioner may issue licenses or permits for the sale or
13 possession with intent to sell of any article made in whole or in part
14 from the skin, hide, or other parts of any vulnerable species, provided
15 that:
16 (a) the article is part of a bona fide antique and the antique status
17 of such antique is established by the owner or seller thereof with
18 historical documentation evidencing provenance and showing the antique
19 to be not less than one hundred years old; or
20 (b) the article is for bona fide educational or scientific purposes,
21 or to be made part of a temporary or permanent collection of a museum
22 chartered by the board of regents pursuant to the education law or to a
23 museum authorized by a special charter from the legislature of this
24 state, provided that the article is not thereafter sold to any private
25 party.
26 4. The department shall maintain a list of vulnerable species identi-
27 fied pursuant to this section and post such list on the department's
28 website.
29 5. Species shall not be designated as a vulnerable species for the
30 purposes of this section if:
31 (a) the species is protected pursuant to any other provision of this
32 chapter; or
33 (b) the taking of the species is regulated by the department pursuant
34 to permit or license.
35 § 2. Section 71-0925 of the environmental conservation law is amended
36 by adding a new subdivision 17 to read as follows:
37 17. If the violation was an act prohibited by section 11-0535-b of
38 this chapter, not more than one thousand dollars or not more than two
39 times the value of the article involved, whichever is greater. If the
40 violation is a second or subsequent violation of such section 11-0535-b,
41 not more than two thousand dollars or not more than three times the
42 value of the article involved, whichever is greater.
43 § 3. Within 180 days of the effective date of this act, the department
44 of environmental conservation shall promulgate regulations that, at a
45 minimum, designate giraffes (Giraffa Camelopardalis) as a vulnerable
46 species pursuant to section 11-0535-b of the environmental conservation
47 law.
48 § 4. Severability. If any clause, sentence, paragraph, section or part
49 of this act shall be adjudged by any court of competent jurisdiction to
50 be invalid and after exhaustion of all further judicial review, the
51 judgment shall not affect, impair or invalidate the remainder thereof,
52 but shall be confined in its operation to the clause, sentence, para-
53 graph, section or part of this act directly involved in the controversy
54 in which the judgment shall have been rendered.
A. 6600 3
1 § 5. No later than January 1, 2021, the department of environmental
2 conservation shall prepare a report outlining enforcement activities and
3 recommendations regarding any necessary changes.
4 § 6. This act shall take effect immediately.